Court : Mumbai
Reported in : 2008(6)MhLj101
..... shri hazur apchalnagar sahib act, 1956' (act of 1956, for short) (hyderabad act no. xxxvii of 1956). it was published in the hyderabad government gazette dt. 20-9-1956. chapter ii provides for establishment of board and committee for control of gurudwara. chapter iii pertains to functions of the board, the committee and the superintendent. chapter iv contains provisions in respect of finance. chapter v pertains to the ..... provisions of appeals and revisions and it runs as under:chapter - vappeals and revisions1) an appeal shall lie to the board from an order passed by the committee or by the superintendent under the provisions of this act.2) an appeal shall not be admitted .....
Tag this Judgment!Court : Mumbai
Reported in : 1998(3)ALLMR30; 1998(3)BomCR160; [1998(79)FLR414]
..... confirming the decision of the calcutta high court, the apex court held that on reading the scheme of section 21 of the contract labour (regulation and abolition) act, 1970, the principal employer is statutory responsible to ensure payment of the wages as per law and in case the contractor commits default in the payment of wages, ..... such wages were due to the employees, the management was totally non committal for any steps on its part to restart the factory operations including arranging immediate finance and the management was not worried if the factory at aurangabad continued to remain as a sick unit. finally, when we called upon the learned advocate of ..... forth. when we called upon the advocate representing the management to clarify the steps which the management proposed to take for restarting the unit and arranging for finance required immediately, it was contended that the management had no capacity to invest any more and the employees will have to generate such funds by despatching .....
Tag this Judgment!Court : Mumbai
Reported in : 1993(2)BomCR111; (1993)IILLJ1179Bom
..... in the canteens of the establishment of bharat petroleum corporation (refinery), bombay, for which the appropriate government under the contract labour (regulation and abolition) act, 1970 is the central government'. the letter requested the government counsel to place the above facts appropriately before the court for its consideration. (l) on ..... criteria for determination of integrality of the establishments which have been evolved by judicial precedents of the supreme court. criteria like unity of management and finance functional integrality, proximity of geographical location, inter transferability of workmen and supervisory staff cannot be overlooked or ignored while deciding this question. in ..... to the requirement in any category, the 1st and 2nd respondents shall discharge such workmen after complying with the provisions of chapter v-b of the industrial disputes act, 1947. even while doing so, however, those respondents shall keep in view the fact that the workmen concerned have been .....
Tag this Judgment!Court : Mumbai
Reported in : [1999(82)FLR357]; (1999)IILLJ789Bom
..... sweeping, cleaning, dusting and washing of buildings owned or occupied by establishments in respect of which the appropriate government under the contract labour (regulation and abolition) act, 1970 (the act, for short) is the central government. the petitioner seeks issue of directions on the lines which were issued by a division bench of this court on ..... education and training in fisheries science and is under the administrative control of the indian counsel of agricultural research (i.c.a.r.). it is wholly financed and controlled by the central government. the central government has issued a notification dated december 9, 1978, which prohibits employment of contract labour on and from ..... period of 6 months and after 3 months from the receipt of advice, the government, after consideration thereof, make on order under section 10 of the act directing abolition of contract labour or for continuation thereof. (iii) until an order as aforesaid is passed by the government and a period of three .....
Tag this Judgment!Court : Mumbai
Reported in : 2010(1)MhLj658
..... the licensor and licensee. such agreement would not, in any manner, affect the jurisdiction of the small causes court nor the provisions of section 5 under chapter i of the act of 1996 would take the matter any further. according to the learned counsel for the respondents, on conjoint reading of section 2(3) and section ..... that the 2nd respondent be appointed as the sole arbitrator to decide the dispute and differences between the parties under the leave and licence agreement dated march 28, 1970. that application was allowed and the 2nd respondent was appointed as the sole arbitrator. at the same time, against the decision of the learned single judge on ..... maharashtra limited reported in : 1993 (2) scc 144; a.p. state finance & corporation v. official liquidator reported in : air 2000 sc 2642. it is argued that the provisions of section 41 of the act of 1882 is the state (maharashtra) amendment; whereas enactment of act of 1996 being a central statute, even if there was any conflict between .....
Tag this Judgment!Court : Mumbai
Reported in : 2004(2)ALLMR612; 2004(5)BomCR743; (2004)IILLJ1007Bom
..... in exercise of powers conferred by section 19 read with sub-section (2) of section 12 of the banking companies (acquisition and transfer of undertakings) act, 1970. these regulations did not provide for voluntary retirement. these regulations pursuant to an amendment on 10th july, 1991 introduced and provided for voluntary retirement. regulations ..... of an employee from the service of the bank shall entail forfeiture of his entire past service and consequently shall not qualify for pensionary benefits.'chapter v deals with classes of pension. regulation 28 provides for superannuation pension. superannuation pension shall be granted to an employee who has retired on ..... of regulations including pension regulations were prepared by the 2nd respondent, discussed with all nationalised banks, reserve bank of india and were approved by the finance ministry of the 3rd respondent and then adopted by the boards of directors of the respective nationalised banks and again approved by the 3rd respondent. .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(3)ALLMR546; 2008(3)BomCR408; (2008)110BOMLR951
..... in a manner so that all forests and lands not being the properties of the government came within the prohibitory and regulatory measures, then, taking the object of 1927 act and chapter v thereof ahead, the state government in this case, defined 'private forest' widely. this broad and wide definition is a deliberate attempt. it is a measure ..... exposition will not apply.i) m/s doyapack syustems private limited v. the union of india and ors. : 1988(36)elt201(sc) .ii) goldsmiths' company v. wyatt (1970) 1 kb 95 .iii) governors of the campbell college beleast v. the commissioner of valuation for northern ireland (1964) all e.r.705 .iv) the trustees of the clyde ..... he placed reliance upon a two judges decisions in (i) tirath singh v. bachittar singh reported in : [1955]2scr457 ; (ii) budhan singhd v. nabi bux reported in : [1970]2scr10 ; (iii) a constitution bench decision in m.pentiah and ors. v. muddalal veeramallappa reported in : [1961]2scr295 and (iv) passages from g.p.singh's text book on .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(111)BomLR3003; 2009(6)MhLj660
..... meeting dated 1st february 1993, the regulation has been amended in terms of section 19(1) of the banking companies (acquisition and transfer of undertakings) act, 1970 with effect from 3rd june 1992. the amended regulation 20(3)(iii) stated that a person against whom disciplinary proceedings has been initiated will cease to ..... passing of the judgment ref: uco bank v. rajendralal capoor (2007)2 scc 694. on the contrary, vide letter dated 21st october 1987, ministry of finance, government of india, department of economic affairs (banking division) noticed:..an alternative regulation in place of the one struck down by the supreme court is under ..... verifying the credentials or their financial statements or obtaining confidential reports about the directors of the companies who were granted advances clearly proves that shri motwani acted with malafide intentions, and without proper processing of proposals and in violation of rules.relating to charge no. 2, it is established from documentary .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(111)BomLR408; 2009BusLR130(Bom); 2008(161)LC92(Bombay); 2009(233)ELT446(Bom); [2009]19STT492
..... that of the commissioner (appeals). the supreme court considered the explanation to section 263(1) which was substituted by the finance act, 1988, with effect from june 1, 1988, which was again amended by the finance act, 1989, with retrospective effect from june 1, 1988. the effect of the amendment was that, where any order referred ..... doctrine of merger was considered including the ratio of the judgment in kunhayammed when the principles laid down in shankar ramchandra abhtyankar v. krishnaji dattatraya bapat : [1970]1scr322 were approved. the ratio of the judgment in kunhayammed (supra) is in applying the doctrine of merger, what the court must consider is the nature ..... jurisdiction.35. the following principles will have to be considered while applying the doctrine of merger in the context of the provisions of 'the central excise act, 1944'.1. in the proceedings from which the matter arises, the court or tribunal hearing the appeal or revision, should have jurisdiction to decide all .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(3)BomCR822; 2009(111)BomLR1226
..... his lordship then was) transferred the suit to the bombay city civil court in view of the provisions of section 6(2)(ii) of the maharashtra act, 1970 known as bombay court fees act. the suit was renumbered in the bombay city civil court and then trial started. now this matter has come back to the high court after 42 ..... of india. the mechanism is provided for redressal of violation of fundamental rights of a citizens by the constitution itself. generally speaking any law, which is violative of chapter iii of the constitution is void. clause (1) of article 13 lays down, that all laws in force in the territory of india immediately before the commencement of ..... within the legal limits of its jurisdiction or any of the power exercised by the supreme court under clause (2). so, if we see the mechanism of the chapter on the fundamental rights, the fundamental rights are guaranteed. for enforcement of fundamental rights, a person can approach the supreme court as a matter of right. the supreme .....
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